DTI QUIZ BEE REVIEWER

CONSUMER RIGHTS

1. basic needs
2. safety
3. information
4. choice
5. representation
6. consumer education
7. redress
8. healthy environment

CONSUMER RESPONSIBILITIES

1. critical awareness
2. action
3. social concern
4. environmental awareness
5. solidarity

How many consumer responsibilities are there?

5

How may consumer rights are there?

8

RA 7394

Consumer Act of the Philippines

RA 7394 Consumer Act of the Philippines

An act providing penalties for manufacture, distribution and sales of adulterated foods, drugs and cosmetics

objectives of RA 7394

1. Protection against hazards and safety;
2. Protections against deceptive, unfair, and unconscionable sales acts and practices;
3. Provision of information and education to facilitate choice and the proper exercise of consumer rights
4. Provision of adequate rights and means for redress; and
5. Involvement of consumer representatives in social
and economic policies.

PURPOSE OF RA 7394

To prevent businesses that engage in fraud or unfair practices from gaining an advantage over competitors and provide additional protection for the weak and those unable to take care of themselves.

BASIC POLICY OF RA 7394

Policy of the State to protect the interest of the consumer, promote general welfare and to establish standards of conduct for business and industry.

WHO BENEFITS FROM RA 7394

Every consumer benefits from this law

AGENCIES CONCERNED WITH RA 7384

DTI, DOH, DOA

When was RA 7394 enacted?

July 15 1992

When was RA 7394 approved?

April 13 1992

RA 7581

Price Act

RA 7581 (Price Act)

Act that provides protection to consumer by stabilizing the prices of basic necessities and prime commodities by prescribing measures against undue price increases during emergencies and occasions

Basic Policy of RA 7581

To ensure availability of basic necessities and prime commodities at reasonable prices at all time without denying legitimate business a fair return on investment and

To provide effective and sufficient protection to consumers against hoarding, profiteering and cartels with respect to supply, marketing and pricing of goods especially in emergencies.

Implementing agencies of RA 7581

DOA, DOH, DENR, DTI

Objectives of RA 7581

1. develop and promulgate measures to protect productivity in basic necessities and commodities
2. develop an improved and efficient distribution and transportation system
3. develop and promulgate measures to stabilize prices at reasonable levels
4. institute appropriate penalties for violations of this act
5. involvement of consumer representatives in formulation social and economic policies
6. establish a way that will protect consumers from inadequate supply and unreasonable price increase on significant on occasions on emergencies calamites and like occurences

When was RA 7581 approved?

May 27, 1992

When was RA 7581 enacted?

June 7, 1992

panic buying

abnormal phenomenon where consumers buy basic necessities and commodities grossly in excess than normal requirement

butter fund

contingent fund in the budget of the implement8ing agency for purposes provided by this Act

prevailing price

average price at which a basic necessity has been sold in a given time within a month from emergencies or occurrences stated in Section 6

price ceiling

a maximum price at which any basic necessities and prime commodities may be sold to the public

RA 9003

Ecological Solid Waste Management Act of 2000

What is the
Ecological Solid Waste Management Act of 2000?

Provides an ecological solid waste management program, creating the necessary institutional mechanisms and incentives, declaring certain acts prohibited, providing penalties, and appropriating funds.

When was RA 9003 issued?

January 26, 2001

RA 8749

Clear Air Act of 1999

RA 8749 (Clean Air Act)

Provides a comprehensive air pollution control policy which aims to achieve and maintain healthy air in the country.

RA 9275

Philippine Clean Water Act of 2004

RA 9275: Philippine Clean Water Act of 2004

an act that provides a comprehensive water quality management and aims to protect the country's water bodies from land-based pollution

When was RA 8749 issued?

June 23, 1999

When was RA 9275 issued?

March 22, 2004

Coverage of RA 9275

applies to water quality management in all bodies of water

P.D. No. 1151

"Philippines environmental policy"

What is PD 1151- Philippine Environmental Policy

Formulates an intensive, integrated program of environmental protection through the requirement of environmental impact assessments and statements

When was PD 1151 signed?

June 6, 1977

What is the purpose of PD 1151

To protect the right of the people to a healthy environment through a requirement of environmental impact assessments and statements.

PD 1586

Environmental Impact Statement (EIS) System

When was PD 1586 signed?

June 11, 1978

What is the purpose of PD 1586?

To maintain balance between the environment and the socio-economic development of the country.

Right to basic needs

This guarantees survival through adequate food, shelter, clothing, health care, education, and sanitation.

Right to Safety

Protection against goods that are dangerous and hazardous to life or health

Right to Information

protection against fraudulent or misleading advertising and to be given the product's information to make an informed choice

Right to choose

Consumers should have access to a variety of products and services at competitive prices.

Right to representation

right to express consumer interests in the making and execution of government policies

Right to redress

Being entitled to a fair and quick remedy to shoddy goods or unsatisfying services

Right to consumer education

right to acquire the knowledge and skills necessary to be an informed consumer

Right to a healthy environment

Being able to live in a safe, non-threatening environment

Critical Awareness

alert and questioning about the price and quality of goods

Action

Assert and ensure to get a fair deal to avoid exploitations

Social Concern

Awareness of the impact of consumption on poor, exploited, or powerless groups or citizens

Environmental awareness

an understanding of environmental consequences of consumption

Solidarity

develop the strength and influence to promote and protect interests

John F. Kennedy

On March 15, 1962, he presented a speech in the US Congress in which he extolled the 4 basic consumer rights that became the consumer bill of rights

World Consumer Rights Day

March 15

Presidential Proc No. 1098, s. 1997

proclamation that declares October as the Consumer Welfare Month in the Philippines

PP No. 1098, s. 1997

was signed on September 26, 1997 by Fidel V. Ramos

World Consumer Rights Day 2021 theme

Tackling Plastic Pollution

Bagwis Awards

DTI-Certified Establishment awarded to establishments that upholds consumer right and responsible business practices

RA 8792

Electronic Commerce Act of 2000

RA 8792 Electonic Commerce Act of 2000

An Act Providing For The Recognition And Use of Electronic Commercial And Non-Commercial Transactions, Penalties For Unlawful Use Thereof

advertisement

the prepared and through any form of mass medium, subsequently applied, disseminated or circulated advertising matter.

advertising

the business of conceptualizing, presenting or making available to the public, through any form of mass media, fact, data or information about the attributes, features, quality or availability of consumer products, services or credit.

advertising agency

means a service organization or enterprise creating, conducting, producing, implementing or giving counsel on promotional campaigns or programs through any medium for and in behalf of any advertiser.

advertiser

the client of the advertising agency or the sponsor of the advertisement on whose account the advertising is prepared, conceptualized, presented or disseminated.

Agricultural purpose

means a purpose related to the production, harvest, processing, manufacture, distribution, storage, transportation, marketing, exhibition or disposition of agricultural, fishery or marine products.

Amount Financed

in a consumer credit sale constitutes the cash price plus non-finance charges less the amount of any downpayment whether made in cash or in property traded in, or in a consumer loan the amount paid to, receivable by or paid or payable to the buyer or to another person in his behalf.

Banned hazardous substance

means (1) any toy or other articles intended for use by children, which are hazardous per se, or which bear or contain substances harmful to human beings; or (2) any hazardous substance intended or packaged in a form suitable for use in the household, which the implementing agency by regulation, classifies as "banned hazardous substance" notwithstanding the existence of cautionary labels, to safeguard public health and safety:

batch

means a quantity of any drug or device produced during a given cycle of manufacture.

Business name, firm name, or style

means any name or designation other than the true name of a person, partnership, corporation or association which is used or signed in connection with his/its business

Cash price or delivered price

in case of trade transaction, means the amount of money which would constitute full payment upon delivery of the property (except money) or service purchased at the creditor's place of business. In the case of financial transactions, cash price represents the amount received by the debtor upon consummation of the credit transaction, net of finance charges collected at the time the credit is extended, if any.

Chain distribution plans/ pyramid sales schemes

means sales devices whereby a person, upon condition that he makes an investment, is granted by the manufacturer or his representative a right to recruit for profit one or more additional persons who will also be granted such right to recruit upon condition of making similar investments

Closing out sale

means a consumer sale wherein the seller uses the announcement to create the impression that he is willing to give large discounts or merchandise in order to reduce, dispose or close out his inventory and business.

Commerce

means the sale, lease, exchange, traffic or distribution of goods, commodities, productions, services or property, tangible or intangible.

Consumer

means a natural person who is a purchaser, lessee, recipient or prospective purchaser, lessor or recipient of consumer products, services or credit.

Consumer Credit

means any credit extended by a creditor to a consumer for the sale or lease of any consumer product or service under which part or all of the price or payment therefor is payable at some future time, whether in full or in installments.

Consumer Loan

means a loan made by the lender to a person which is payable in installments for which a finance charge is or may be imposed. This term includes credit transactions pursuant to an open-end-credit plan other than a seller credit card.

Consumer Product and Services

means goods, services and credits, debts or obligations which are primarily for personal, family, household or agricultural purposes, which shall include but not limited to food, drugs, cosmetics, and devices.

Consumer Product Safety Rule

means a consumer product safety standard described in Article 78 or a rule under this Chapter declaring a consumer product banned hazardous product.

Consumer transaction

eans (1) (i) a sale, lease, assignment, award by chance, or other disposition of consumer products, including chattels that are intended to be affixed to land, or of services, or of any right, title, or interest therein, except securities as defined in the Securities Act and contracts of insurance under the Insurance Code, or (ii) grant of provision of credit to a consumer for purposes that are primarily personal, family, household or agricultural, or (2) a solicitation or promotion by a supplier with respect to a transaction referred to in clause (1).

corrosive

any substance which on contact with living tissue will cause destruction of tissue by chemical action.

Cosmetics

articles that are intended to be rubbed, poured, sprinkled or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance.

counterfeit products

means any consumer product which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a consumer product manufacturer, processor, packer, distributor, other than the person or persons who in fact manufactured, processed, packed or distributed such product and which thereby falsely purports or is represented to be the product of, or to have been packed or distributed by such consumer product manufacturer, processor, packer, or distributor.

Credit card

means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor or services on credit.

Credit Sales

means a sale of products, services or an interest in land to a person on credit where a debt is payable in installments or a finance charge is imposed and includes any agreement in the form of a bailment of products or lease of products

Credit transaction

a transaction between a natural person and a creditor in which real or personal property, services or money acquired on credit and the person's obligation is payable in installment.

Creditor

any person engaged in the business of extending credit and shall include any person who as a regular business practice makes loans or sells or rents property or services on a time, credit or installment basis, either as principal or as agent who requires as an incident to the extension of credit, the payment of a finance charge.

Default/ delinquency charge

with respect to a consumer credit transaction, the penalty charge payable by the consumer-debtor for failure to pay an amount or installment in full on the date the same becomes due and demandable, or on or before the period specified for the purpose in the consumer credit sale documents.

Device

an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part or accessory which is (1) recognized in the official United States Pharmacopoeia-National Formulary (USP-NF) or any supplement to them, (2) intended for use in the diagnosis of disease or other condition or in the cure, mitigation, treatment or prevention of disease, in man or other animals; or (3) intended to affect the structure or any function of the body of man or other animals

distributor

any person to whom a consumer product is delivered or sold for purposes of distribution in commerce, except that such term does not include a manufacturer or retailer of such product.

DOA No.2, s. 2020

revised rules of mediation and adjudication of the department of trade and industry?

Complaint

It is a written statement filed by a consumer, expressing grievance over a violation of the Consumer Act of the Philippines and other trade and industry laws arising from consumer transaction.

Name at least one power of the adjudication officer.

a. Issue summons; b. Administer oaths and affirmations; c. Conduct adjudication; d. Regulate and maintain order during the proceedings; e. Issue subpoena or subpoena duces tecum, motu proprio or when requested by any party to compel the attendance of witnesses or the production of documents, records or books during the hearing; f. Take or receive all relevant evidence; g. Rule upon offers of proofs; h. Take or cause deposition to be taken whenever the ends of justice would be served thereby; i. Rule on any procedural request; j. Issue preliminary orders, preventive orders, and temporary orders; k. Exclude any party, witness, or any other person from the hearing room; I. Render a decision within fifteen (15) days from the time the proceedings were terminated; and m. Perform such other functions as would contribute to the just, speedy, and inexpensive resolution of the case.

When is the issuance of the Notice of Adjudication (NOA)?

Next working day following the assignment of the complaint

When a consumer organization can be categorized as National?

When the organization has 30 members

What is the subject of DAO No.7 S.2006?

Instituting the Simplified and Uniform Rules of Procedure for Administrative Cases Filed with the Department of Trade and Industry (DTI) for Violations of the Consumer Act of the Philippines and Other Trade and Industry Laws

Adjudication officer

It means the Consumer Arbitration Officer (CAO) assigned to adjudicate the cases mentioned in Section 5 (a), Rule III of this Order. This term includes the Acting Consumer Arbitration Officer.

Mediation

It means an alternative mode of dispute resolution forming part of the adjudication process.

violation

It refers to any and all of the acts, omissions, and offenses enumerated in Title II, Chapter I.